Overrepresentation? Under-identification? Both? Understanding the Terms

Transcription

1 Overrepresentation? Under-identification? Both? Understanding the Terms Tom Munk, Nancy O Hara, nohara@wested.org

2 Significant Disproportionality 20 U.S.C. 1418(d) (2004) 34 CFR (revised Dec 2016) & (new Dec 2016) For each local education agency (LEA), state education agencies (SEAs) must determine whether significant disproportionality based on race/ethnicity is occurring with respect to the following: Identification of children as children with disabilities, including identification as children with particular impairments Placement of children in particular educational settings Incidence, duration, and type of disciplinary actions, including suspensions and expulsions 2

3 Identification Categories Identification Age Range Children ages 6-21 Must also include children ages 3-5 by July 1, 2020 Categories All Disabilities Intellectual Disabilities Specific Learning Disabilities Emotional Disturbance Speech or Language Impairments Other Health Impairments Autism 3

4 Standard Method Risk Ratio Identification: Number of children from racial/ethnic group in disability category Number of enrolled children from racial/ethnic group Number of all other children in disability category Number of all other enrolled children 4

5 Example: White Autism in the LEA 24 White children are identified with autism 100 White children are enrolled 4 Non White children are identified with autism 50 Non White children are enrolled 5

6 Example: White Autism in the LEA (cont.) White risk for autism = =.24 Non White risk for autism = 4 50 =.08 White risk ratio for autism =.24 /.08 = 3.0 6

7 Example: White Autism in the LEA (cont.) White risk ratio for autism =.24 /.08 = 3.0 White students are three times as likely as all other students in the LEA to be identified with autism. Because the risk ratio is not exactly 1.0, there is a disproportionality. Because the risk ratio is greater than 1.0, we can say that White children are overrepresented in autism. 7

8 If this were an LEA in your state, what theories could they investigate, or questions could they ask, to identify the factors contributing to the overrepresentation? White risk ratio for autism =.24 /.08 = 3.0 White students are three times as likely as all other students in the LEA to be identified with autism. Because the risk ratio is not exactly 1.0, there is a disproportionality. Because the risk ratio is greater than 1.0, we can say that White children are overrepresented in autism. 8

9 Risk Ratio Threshold and Overrepresentation The state must set a reasonable risk ratio threshold over which disproportionality based on race or ethnicity is significant. Imagine that the state chose a risk ratio threshold of is over the threshold. The LEA has a significant disproportionality in the category of White Autism. Every measured significant disproportionality represents a significant overrepresentation of some racial or ethnic group in some disability category. 9

10 Overrepresentation, Underrepresentation, and Equal Representation Risk Ratio = 1: Equal Representation Risk Ratio > 1: Overrepresentation Risk Ratio < 1: Underrepresentation Note that overrepresentation and underrepresentation are defined in a purely mathematical way. Whenever a racial or ethnic group is overrepresented in a disability category, at least one other racial or ethnic group must be underrepresented in that category. 10

11 Example: Autism Calculations in LEA Racial/ethnic group # identified with autism Total enrollment Risk Risk for other Risk ratio Result White Overrepresentation Black Underrepresentation Hispanic Underrepresentation 11

12 If this were an LEA in your state, how would you guide them to interpret the data? Racial/ethnic group # identified with autism Total enrollment Risk Risk for other Risk ratio Result White Overrepresentation Black Underrepresentation Hispanic Underrepresentation 12

13 Over- and Under-identification Office for Civil Rights (OCR) Dear Colleague Letter released with the revised significant disproportionality regulations: Over-identification means the inappropriate identification of a student who does not actually have a disability and who does not need services as a student with a disability. Under-identification refers to the failure to appropriately identify a student who has a disability and who does need services as a student with a disability. 13

14 Four Key Terms in Significant Disproportionality Overrepresentation and underrepresentation: Count students; use formula. Over-identification and under-identification: Check for appropriate identification. 14

15 If this were an LEA in your state, what questions would you ask them to investigate the White overrepresentation? Racial/ethnic group # identified with autism Total enrollment Risk Risk for other Risk ratio Result 1 Result 2 White Overrepresentation Black Underrepresentation Hispanic Underrepresentation Overidentification? Underidentification? Underidentification? 15

16 From the Regulation (d)(1)(ii) Must identify and address the factors contributing to the significant disproportionality, which may include, among other identified factors, a lack of access to scientifically based instruction; economic, cultural, or linguistic barriers to appropriate identification or placement in particular educational settings; inappropriate use of disciplinary removals; lack of access to appropriate diagnostic screenings; differences in academic achievement levels; and policies, practices, or procedures that contribute to the significant disproportionality.

17 How does this list of possible factors from the regulation affect your thoughts? How might your LEAs address those factors? (d)(1)(ii) Must identify and address the factors contributing to the significant disproportionality, which may include, among other identified factors, a lack of access to scientifically based instruction; economic, cultural, or linguistic barriers to appropriate identification or placement in particular educational settings; inappropriate use of disciplinary removals; lack of access to appropriate diagnostic screenings; differences in academic achievement levels; and policies, practices, or procedures that contribute to the significant disproportionality. 17

18 From the Regulation (d)(1)(iii) Must address a policy, practice, or procedure it identifies as contributing to the significant disproportionality, including a policy, practice, or procedure that results in a failure to identify, or the inappropriate identification of, a racial or ethnic group (or groups). 18

19 Did your plan to address the significant disproportionality address a contributing policy, procedure, or practice? (d)(1)(iii) Must address a policy, practice, or procedure it identifies as contributing to the significant disproportionality, including a policy, practice, or procedure that results in a failure to identify, or the inappropriate identification of, a racial or ethnic group (or groups). 19

20 Overrepresentation of White students in Autism and Other Health Impairments Possible cause: Unequal access to health care Under-identification of non-white students Possible solution: broader use of developmental screening for young children which may be supported by comprehensive CEIS. Federal Register, Vol. 81, No. 243, December 19, 2016, p

21 SUMMARY 21

22 Overrepresentation occurs when a high percentage of students of a certain race have been identified as students with disabilities, as compared to the overall enrollment of students of that race in the district. U.S. Department of Education, Office for Civil Rights. Dear Colleague Letter: Preventing Racial Discrimination in Special Education, December 12, 2016, footnote 5. Retrieved from See also footnote 1, page 92380, of Federal Register, Vol. 81, No. 243, December 19,

23 Overrepresentation (cont.) At its base, significant disproportionality is defined by overrepresentation in a simple, purely mathematical way the risk ratio for the group in question exceeds a reasonable threshold set by the state. This definition is complicated by state-defined minimum cells sizes, n-sizes, standards for measuring reasonable progress, and a period of up to three consecutive years mathematically identified. In some cases, an alternate risk ratio is substituted. But the definition remains purely mathematical, with no consideration for appropriate or inappropriateness of identification. 23

24 Overrepresentation (cont.) We understand that overrepresentation of one racial or ethnic group that rises to the level of significant disproportionality may occur for a variety of reasons, including over-identification of that racial or ethnic group, under-identification of another racial or ethnic group or groups, or appropriate identification with higher prevalence of a disability in a particular racial or ethnic group. [Example given regarding overrepresentation of African American students with emotional disturbance.] Federal Register, Vol. 81, No. 243, December 19, 2016, p , column 1. 24

25 Underrepresentation occurs when a low percentage of students of a certain race have been identified as students with disabilities, as compared to the overall enrollment of students of that race in the district. U.S. Department of Education, Office for Civil Rights. Dear Colleague Letter: Preventing Racial Discrimination in Special Education, December 12, 2016, footnote 5. Retrieved from See also footnote 1, page 92380, of Federal Register, Vol. 81, No. 243, December 19,

26 Underrepresentation (cont.) Overrepresentation of a particular racial/ethnic group is always accompanied by underrepresentation of at least one other racial/ethnic group. In a case of significant disproportionality (overrepresentation), always consider corresponding underrepresentations. 26

27 Over-identification means the inappropriate identification of a student who does not actually have a disability and who does not need services as a student with a disability. U.S. Department of Education, Office for Civil Rights. Dear Colleague Letter: Preventing Racial Discrimination in Special Education, December 12, 2016, footnote 5. Retrieved from See also footnote 1, page 92380, of Federal Register, Vol. 81, No. 243, December 19,

28 Over-identification (cont.) Significant disproportionality of a particular racial/ethnic group might be caused by its overidentification. 28

29 Over-identification (cont.) The basis for congressional action was largely due to a concern that students of color were being identified too often for special education services, and placed too frequently in segregated settings, in ways that were detrimental to their education. Federal Register, Vol. 81, No. 243, December 19, 2016, p , column 1. 29

30 Under-identification refers to the failure to appropriately identify a student who has a disability and who does need services as a student with a disability. U.S. Department of Education, Office for Civil Rights. Dear Colleague Letter: Preventing Racial Discrimination in Special Education, December 12, 2016, footnote 5. Retrieved from See also footnote 1, page 92380, of Federal Register, Vol. 81, No. 243, December 19,

31 Under-identification (cont.) The overrepresentation of a particular racial/ethnic group might be caused by underidentification of a different racial/ethnic group. 31

32 Under-identification (cont.) Concern LEAs might under-identify in order to address the mathematical finding of overrepresentation. Response nothing in these regulations establishes or authorizes the use of racial or ethnic quotas limiting a child s access to special education and related services, nor do they restrict the ability of Individualized Education Program (IEP) Teams or others to appropriately identify and place children with disabilities. 32 Federal Register, Vol. 81, No. 243, December 19, 2016, p , column 3.

33 OUR GOAL Appropriate Identification of Children 33

34 For More Information Visit the IDC website Follow us on Twitter Follow us on LinkedIn 34

35 The contents of this presentation were developed under a grant from the U.S. Department of Education, #H373Y However, the contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government. Project Officers: Richelle Davis and Meredith Miceli 35